P. v. Morales
Filed 3/23/06 P. v. Morales CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JOHN MORALES et al., Defendants and Appellants. | A104561 (San Mateo County Super. Ct. Nos. SC053217A & SC053217B) |
A jury convicted defendants Michael John Morales and Kristy Nguyen of four counts of unlawful use of tear gas, among other charges. Defendants were found liable as aiders and abettors in a home invasion incident arising out of a workplace dispute. Defendants contend that the trial court prejudicially erred in failing to give an instruction based on the defense theory that the persons who discharged the tear gas did so lawfully to protect Nguyen from injury. Morales further contends that the evidence was insufficient to support his conviction on the tear gas counts. We affirm the judgments against defendants.
I. BACKGROUND
Nguyen and Morales were charged by felony complaint with first degree burglary (Pen. Code,[1] § 460, subd. (a); count 1), two counts of assault with a deadly weapon against Aaron de la Cruz and Gale Santos (§ 245, subd. (a)(1); counts 2 and 3), and five counts of unlawful use of tear gas (§ 12403.7, subd. (g); counts 4 through 8). As to count 2, the complaint alleged that Morales personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). Count 3 against Nguyen and count 8 against Nguyen and Morales were subsequently dismissed on the prosecutor's motion. A jury trial commenced on July 16, 2003.
A. Prosecution Case
In the summer of 2001, Nguyen, Morales, and Santos all worked at a LensCrafters store in a Colma shopping center. Santos did not know that Nguyen and Morales were boyfriend and girlfriend.
In August 2001, Morales and Santos were eating lunch in Morales's car outside a sandwich place in the shopping center. Morales put his hand on Santos's thigh and tried to kiss her. Santos did not want Morales to kiss her and told him to stop. On a later occasion in August, Morales put his arm around Santos's waist as she was standing on tiptoe reaching up for a glass frame. She told him to â€
